Portal:Conservatism

Antonin Scalia (1936–2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court.

In his quarter-century on the Supreme Court, Scalia had staked out a conservative ideology in his opinions, advocating textualism in statutory interpretation and originalism in constitutional interpretation. He was a strong defender of the powers of the executive branch, believing presidential power should be paramount in many areas. He opposed affirmative action and other policies that treat minorities as groups. He filed separate opinions in large numbers of cases, and, in his minority opinions, often castigated the Court's majority in scathing language.

Now let us look at the ballot. We are told that this is an innovation, an unjust and an un-English measure. Much, I confess, is to be said on both sides, and I have not formed my opinion without deliberation, and I can see in the great constitution of my country a glorious and admirable structure, to which I would fain add two wings. Under the old system of representation I should not have thought ballot necessary, because that system was anomalous, and ballot could be of little use in a borough that had no electors. But if you will change, if you will give a constituency to every town returning members to Parliament, and if you will give to that constituency the legitimate right which the constitution contemplates, and which is a freeman's claim, you must add to the elective franchise vote by ballot. My gallant opponent, the breath of whose overpowering and convincing eloquence still hovers about the atmosphere of Wycombe, paused long before he indulged in the tirade which lately obtained so much notoriety through the medium of the 'Times' newspaper, I say to the son of the Prime Minister, that if the Whig ministry had not altered the representative system of the country, we should not have called for ballot ; but I now say, that in proportion as the electors increase in number, so does the necessity for the ballot. I am a Conservative to preserve all that is good in our constitution, a Radical to remove all that is bad. I seek to preserve property and to respect order, and I equally decry the appeal to the passions of the many or the prejudices of the few. I alike detest the despotism of an oligarchy and the pre-eminence of a mob. I shall ever seek to confer the greatest happiness upon the greatest numbers, and I conscientiously believe that in advocating triennial Parliaments and vote by ballot, I am labouring to promote this desirable end. As a statesman I should say that it is impossible to refuse popular demands well matured and energetically supported. If so, let the people be fitted to discharge the functions reposed in them ; and, as the means to this great end, I would unflinchingly advocate the repeal of the taxes on knowledge, because, though we admire and enjoy the liberty of the press, yet we feel its tyranny. Now, taxed as it is, it requires a large capital to carry on a newspaper, and its interests once established by a large circle of readers, and by an immense supply of advertisements, it bids defiance to the small capitalists who would embark in an untaxed competition, but are now overwhelmed by the oppressive impost laid on by Government.

— Benjamin Disraeli, speech at High Wycombe, England (27 November 1832)

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